What Are The Distinctive Features Of Trucking Accident Cases?

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Mar 26, 2014

What Are The Distinctive Features Of Trucking Accident Cases?

Posted By
Berke, Berke & Berke

Trucking accident cases involve distinctive vehicles and accident risks.
Commercial trucks are subject to substantial federal and state regulations
that may impact the decision as to which parties are negligent under the
circumstances. Generally, to recover compensation in a Tennessee trucking
injury case, a victim must determine the faulty parties’ respective
negligence. Experienced Chattanooga car accident attorneys can help you
obtain the greatest amount of compensation available for your case.

Trucking accidents scenarios

Due to the massive dimensions and bulk of commercial trucks, as well as
standard bumper positions placed at the same height as the head of the
driver of a car or motorcycle, even a split-second of carelessness can
cause enormous and lethal damage.

Some common accident causes include:

An exhausted driver

Negligent training and supervision of truckers by the trucking company

Hazardous materials spills

Insufficient vehicle maintenance and/or inspection

An inebriated or impaired driver

A truck overloaded with freight

Rollovers or under rides

It may often be difficult to decide fault if the accident caused great
physical devastation to people and/or property — there may be no
witnesses due to death or serious disability, and the crash’s physical
evidence may be harder to analyze.

Federal regulations

Trucking accidents can happen on interstate highways or involve federally
regulated vehicles. The Federal Motor Carrier Safety Administration (FMCSA)
has particular enforcement and oversight over the trucking industry for
such aspects as weight, insurance, driver and company compliance. Violations of
federal regulations that contribute to the accident can be relevant to the accident victim
(or surviving family) to support claims against potential parties, which
may include the trucker, the trucking companies and manufacturers.

In some instances, the law requires that trucking companies have substantial
insurance, which makes financial recovery easier. For example, under federal
law, trucks transporting explosive or radioactive material must have a
minimum of $5 million in liability insurance.

A driver of a federally regulated truck is treated as an employee of the
truck company, not an independent contractor, even if he is listed as
the truck’s sole owner or operator. Because, in the vast majority
of cases, the truck driver was acting in the course of employment (namely,
driving for the company), the company will bear responsibility for the
driver’s conduct behind the wheel.

Accident investigations

To determine driver or trucking company negligence — which may include
violations of federal regulations — a plaintiff in a trucking accident
has certain tools at their reach for getting evidence. For example:

Information from the truck’s black box, the electronic control module (ECM)

The driver’s log book and receipts

Post-accident driver drug-alcohol tests

The driver’s driving record

Truck company pay roll, insurance and vehicle maintenance records

Skilled auto accident attorneys in Chattanooga will identify the negligent
parties and all available compensation sources, as well as negotiate with
the insurance companies and seek maximum compensation at trial.

Hire a Chattanooga trucking accident law firm with decades of experience

Berke, Berke & Berke is a renowned personal injury law firm in Chattanooga.
The legal profession has honored us for our public commitment to educating
and serving the community through civic leadership positions, publications,
frequent lectures and effective advocacy for our clients. Contact us for
a free consultation.